Terms of Use for Shapewatch

1.1 These Terms of Use (the "Terms") set forth the terms and conditions under which you may make use of Shapewatch whether you use Shapewatch through the app provided by Us or use Shapewatch as part of services provided by Our third-party partners, e.g. through an app provided by a third party, whether as a guest or a registered user. When you accept the Terms, you enter into a legally binding agreement with Us regarding you use of Shapewatch governed by the Terms.

1.2 Use of Shapewatch includes accessing, browsing, or registering to use Shapewatch. Please read the Terms carefully before you start using Shapewatch, as these will apply to your use of Shapewatch. We recommend that you print a copy of the Terms for future reference.

1.3 To use Shapewatch you must be a natural person and at least 18 years old.

1.4 If you do not agree to the Terms, you may not use Shapewatch.

1.5 If you have any questions regarding the Terms, you may contact Us via termsandconditions@shapewatch.com.

2.1 Please see Our privacy policy, which describes how We process personal data regarding you.

3.1 Shapewatch, and all content made available by Us therein are protected by copyright, trademarks, and other intellectual property rights. You acknowledge and agree that Shapewatch and content made available by Us therein, including all associated intellectual property rights, are the exclusive property of Us or Our licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Shapewatch, or content made available by Us therein. All trademarks, service marks, logos, trade names, and any other proprietary designations of Us or Our licensors used on or in connection with Shapewatch and content made available by Us therein are trademarks or registered trademarks of Us or Our licensors.

3.2 When you create a user account and accept the Terms, We grant to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use Shapewatch for your own personal, non-business related purposes only.

3.3 Unless expressly authorized by a specific feature in Shapewatch, you are not permitted to share your user account with any third party or allow third parties to access or use your user account.

3.4 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

3.5 If you know or suspect that anyone other than you knows your user identification code or password or makes unauthorized use of your user account, you must promptly notify us at termsandconditions@shapewatch.com.

3.6 You are responsible for ensuring that all persons who access Shapewatch through your user account are aware of the Terms and other applicable terms and conditions, and that they comply with them. You are entirely responsible for any and all activities that occur under your user account. We will not be liable for any loss, damages, liability or expenses (including legal fees) that you may incur as a result of someone else using your password or account, either with or without your knowledge.

3.7 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit Shapewatch, or content herein, except as expressly permitted in the Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Us or Our licensors, except for the licenses and rights expressly granted in these Terms.

3.8 We have the right to disable your user account at any time if in Our opinion you have failed to comply with any of the provisions of the Terms.

5.1 We may update Shapewatch from time to time and may make changes to Shapewatch at any time. However, please note that any of the content in Shapewatch may be out of date at any given time, and We are under no obligation to update it.

5.2 We may suspend, withdraw, discontinue or change all or any part of Shapewatch without notice.

6.1 We may terminate the Terms for convenience at any time.

6.2 You may terminate the Terms for convenience at any time by deleting your user account.

6.3 Upon termination of the Terms for any reason, all rights you have to access and use Shapewatch will terminate immediately.

7.1 The content in Shapewatch is provided for general information only. It is not intended to amount to advice on which you should rely, does not constitute medical or other professional health advice and is not intended to address the circumstances of any particular individual. Particularly, Shapewatch is not intended to be used for: - diagnosis, prevention, monitoring, prediction, prognosis, treatment or alleviation of disease, - diagnosis, monitoring, treatment, alleviation of, or compensation for, an injury or disability, - investigation, replacement or modification of the anatomy or of a physiological or pathological process or state, and/or - providing information by means of in vitro examination of specimens derived from the human body, including organ, blood and tissue donations,

7.2 You should always consult a physician or other health professional if you have questions regarding your health.

7.3 Although We make reasonable efforts to update the information on Shapewatch, We make no representations, warranties or guarantees, whether express or implied, that the content on Shapewatch is accurate, complete or up-to-date

8.1 We may at Our discretion choose to provide support for Shapewatch. A description of Our current support offerings (if any) can be found at https://www.shapewatch.com/support. We have the right to change all support offered for Shapewatch, including by discontinuing any support at any time.

9.1 SHAPEWATCH IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EXCEPT FOR THOSE IMPLIED BY STATUTE THAT CANNOT BE EXCLUDED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT, WARRANT OR PROMISE THAT SHAPEWATCH WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT SHAPEWATCH OR THE SERVER THAT MAKES SHAPEWATCH AVAILABLE IS SECURE OR FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR PROMISES REGARDING THE CONTENT OF SHAPEWACTH IN TERMS OF THE CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. WE DO NOT REPRESENT, WARRANT OR PROMISE THAT SHAPEWATCH WILL BE DEFECT-FREE OR DELIVERED IN ANY MANNER OR WITHIN ANY TIMEFRAME.

10.1 IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR DISTRIBUTORS (COLLECTIVELY “WE”, “US” AND “OUR” AS USED IN THIS SECTION), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND/OR LOST GOODWILL, THAT RESULT FROM OR RELATE TO (A) THE USE OF OR INABILITY TO USE SHAPEWATCH; (B) CONTENT IN SHAPEWATCH; (C) ANY LOSS OR DAMAGE CAUSED BY A VIRUS OR OTHER MALICIOUS CODE, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, CELL PHONE, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF SHAPEWATCH OR TO YOUR DOWNLOADING OF ANY CONTENT IN IT, OR ON ANY WEBSITE LINKED TO IT; (D) THE AUTHORIZED OR UNAUTHORIZED USE OR DISCLOSURE OF DATA STORED ON OR THROUGH SHAPEWATCH; (E) THE CONDUCT OF OTHER USERS OF SHAPEWATCH, AND/OR; (F) THE LOSS OF DATA IN SHAPEWATCH OR OUR SERVERS.. OUR AGGREGATE LIABILITY ARISING FROM OR RELATED TO SHAPEWATCH OR UNDER THESE TERMS OF USE WILL NOT EXCEED USD 200. THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS APPLY TO ALL CLAMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, STRICT LIABILITY OR OTHERWISE.

10.2 THESE LIMITATIONS OF LIABILITY WILL SURVIVE THE TERMINATION OF THESE TERMS OF USE AND YOUR USE OF OUR SITE.

12.1 Whenever you make use of a feature that allows you to upload or post content to Shapewatch, or to make contact with other users of Shapewatch, you alone are responsible for the content which you upload. You warrant that any such contribution will not violate applicable law, and you will be liable to Us and defend and indemnify Us for any loss, damage, liability or expense (including attorney fees) We suffer as a result of your breach of such warranty. This defense and indemnification obligation will survive the termination of the Terms and your use of Shapewatch. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted or uploaded by you or any other user of Shapewatch.

12.2 Subject to applicable data protection regulation, any content you upload or post to Shapewatch will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any such content for any purpose. Please see Our privacy policy, which describes how We process personal data regarding you.

12.3 All comments, feedback, suggestions, ideas, and other submissions that you upload, disclose, post, submit or offer to Us in connection with your use of or related to Shapewatch (collectively, “Comments”) will become Our exclusive property. Your submission of a Comment constitutes a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality and any other legal theory relating to submissions. We are not and will be under no obligation to hold any Comments in confidence or respond to any Comments. You represent and warrant that you have the right to submit your Comments, and you are and shall remain solely responsible for your Comments.

12.4 We have the right to remove any posting you make in or on Shapewatch.

12.5 The views expressed by other users on Shapewatch do not represent Our views or values.

13.1 You must not misuse Shapewatch by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Shapewatch, the server on which Shapewatch is stored or any server, computer or database connected to Shapewatch. You must not attack Shapewatch via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you could commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Shapewatch will cease immediately.

14.1 Shapewatch may contain links to third-party websites or resources. We are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Us of such websites or resources or the content, products, or services available from such websites or resources. You are solely responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.

15.1 In some cases, We may allow our partners to implement Shapewatch into their own app or other systems. In such case, the Terms only govern your use of Shapewatch – not your use of the rest of the app or system in which Shapewatch is implemented. In such case, your use of the rest of the app or system in which Shapewatch is implemented is governed by your agreement with our partner, and our partner, not Us, is fully responsible for such app or system.

16.1 We may include functionalities in Shapewatch that allow users to share data, including personal data, with other users, e.g. personal trainers. If you provide other users access to your data, you do so at your own risk and responsibility. Similarly, if you obtain access to or otherwise processes other users' data, you alone are responsible for ensuring the legality of such processing, including the compliance with applicable data protection legislation.

17.1 Our failure to enforce any right or provision of the Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Us. Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies under the Terms or otherwise.

18.1 Under no circumstances will We be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond Our reasonable control.

19.1 The Terms constitute the entire agreement between you and Us, and supersede any prior agreements between you and Us on the subject matter of the Terms.

19.2 You will not transfer your rights or delegate your obligations under the Terms.

19.3 We may transfer Our rights or delegate Our obligations under the Terms.

19.4 You agree that any agreements made by and between you and Us in electronic form are as legally binding as if made in physical written form.

19.5 The Terms will not be construed against the drafter.

19.6 “Include(s)” or “including” means, respectively, “include(s) without limitation” or “including without limitation”, unless expressly stated otherwise.

19.7 Where any provision of the Terms is or becomes illegal, invalid or unenforceable in any respect under the laws of any jurisdiction then such provision shall be deemed to be severed from the Terms and, if possible, replaced with a lawful provision which, as closely as possible, gives effect to the intention of the parties under the Terms and, where permissible, that shall not affect or impair the legality, validity or enforceability in that, or any other, jurisdiction of any other provision of the Terms.

19.8 Subject to any mandatory statute or law to the contrary, you will file any claim arising out of or related to your use of or inability to use Shapewatch within one (1) year after such claim arises or it will be forever barred.

20.1 Except where prohibited by applicable law or provided otherwise herein, the Terms are governed by and will be interpreted in accordance with Danish law. However, the conflict of laws rules must be disregarded to the extent that such rules are non-mandatory.

20.2 Any dispute arising out of the Terms, including any dispute concerning the existence or validity of the Terms, will be brought before the Danish courts. Please note that if you are a consumer, mandatory law may provide that courts in your home country may have jurisdiction as well.

20.3 If you are a consumer, you may also submit a complaint to the Danish Consumer Complaints Board, Forbrugerklagenævnet, via www.forbrug.dk or by contacting Forbrugerklagenævnet, Konkurrence- og Forbrugerstyrelsen, Carl Jacobsens Vej 35, 2500 Valby, if the conditions for such complaints are met.

20.4 You may also make use of EU's alternative dispute resolution platform which you can find via the following hyperlink: http://ec.europa.eu/consumers/odr/